California’s overtime rules are one part of the broader framework of California labor laws, and they are among the most generous in the country. Where federal law counts hours only by the week, California also counts them by the day, adds a double-time rate, and treats the seventh straight day of work as its own trigger. This article explains when each rate applies, how a workday and workweek are defined, who is exempt, and how unpaid overtime is recovered.
Daily overtime: past 8 hours and past 12 hours
California measures overtime by the workday, not only by the workweek. Under Cal. Labor Code § 510, eight hours is a full day’s work, and hours worked beyond that in a single workday are paid at a premium.
Two daily rates apply:
- Time and a half for hours over 8 and up to 12 in one workday.
- Double time for hours over 12 in one workday.
A non-exempt employee who works 13 hours in one day earns the regular rate for the first 8 hours, 1.5 times that rate for the next 4 hours, and 2 times that rate for the 13th hour. The daily calculation stands on its own, so an employee can earn daily overtime even in a week with fewer than 40 total hours.
Weekly overtime and the 40-hour rule
Hours over 40 in a workweek are also paid at 1.5 times the regular rate under Cal. Labor Code § 510. That 40-hour threshold matches federal law. The federal Fair Labor Standards Act, 29 U.S.C. § 207, requires time and a half after 40 hours in a workweek and sets no daily-overtime requirement, a point the U.S. Department of Labor confirms.
The same hours are not paid twice. Hours already compensated as daily overtime are not counted again toward the 40-hour weekly threshold, so an employer credits the applicable premium rather than stacking daily and weekly overtime on the same hours.
The seventh consecutive day
When an employee works all seven days of a single workweek, the seventh day carries a premium regardless of how many hours fall on the earlier days. Under Cal. Labor Code § 510, the first 8 hours on the seventh consecutive day are paid at 1.5 times the regular rate, and hours beyond 8 on that day are paid at double time.
This rule turns on the workweek. Because a workweek is a fixed seven-day period, seven shifts in a row that straddle two different workweeks may not produce a seventh-day premium. The definition of the workweek controls whether the premium applies.
How a workday and workweek are defined
Because California counts overtime by the day and by the seventh consecutive day, the exact boundaries of each period matter. Cal. Labor Code § 500 sets them:
- A workday is any 24 consecutive hours starting at the same time each calendar day. The employer chooses the start time, but cannot change it to dodge an overtime premium.
- A workweek is any seven consecutive 24-hour periods, a fixed and regularly recurring block of 168 hours. It can begin on any day and hour, but it stays fixed once established.
An employer may set different workweeks for different employees, yet cannot shift the workday or workweek to avoid paying a premium once the schedule is in place.
Alternative workweek schedules are one lawful exception. Under Cal. Labor Code § 511, employees in a work unit can adopt, by a two-thirds secret-ballot vote, a schedule of up to 10 hours a day within a 40-hour week without triggering daily overtime for those regularly scheduled hours.
Who is exempt from overtime
Overtime rules cover most employees, but not all. The main exemptions are the “white collar” categories in Cal. Labor Code § 515: executive, administrative, and professional employees. To be exempt, an employee generally must be primarily engaged in exempt duties and earn a monthly salary of at least two times the state minimum wage for full-time employment, which the statute treats as 40 hours a week. Because that floor is tied to the minimum wage, the salary threshold rises whenever the minimum wage does.
Being paid a salary does not by itself make an employee exempt. The duties actually performed control the analysis, and misclassification is a common basis for unpaid-overtime claims. Separate exemptions exist for outside salespeople, certain computer professionals, and some drivers.
When overtime is not paid
An employee who is owed overtime and has not received it can recover it. Cal. Labor Code § 1194 allows a suit for the unpaid balance of overtime compensation, plus interest, reasonable attorney’s fees, and costs of suit. A wage claim can also be filed with the California Labor Commissioner instead of going to court.
Gather your records
Collect pay stubs, time records, schedules, and any personal log of hours worked. Compare the recorded hours against the daily, weekly, and seventh-day rules to find unpaid premiums.
Calculate what is owed
Determine the regular rate for each pay period, including non-discretionary bonuses and commissions, then apply the 1.5 and 2 times rates from
Cal. Labor Code § 510to the qualifying hours.Choose a forum
An unpaid-wage claim can go to the California Labor Commissioner (the Division of Labor Standards Enforcement) or to civil court. A court action under section 1194 can recover attorney’s fees and costs in addition to the unpaid wages.
Wage claims must be filed within a limited period, so a delay in acting can reduce or eliminate what can be recovered.
Frequently asked questions
Does California require overtime after 8 hours or after 40 hours?
Both. California is one of the few states with daily overtime. Hours over 8 in a workday are paid at 1.5 times the regular rate under Cal. Labor Code § 510 even if the weekly total is under 40, and hours over 40 in a workweek are also paid at 1.5 times. The same hours are not paid twice; an employer credits the higher premium rather than stacking daily and weekly overtime on the same hours.
When does double time apply in California?
Double time, meaning twice the regular rate, applies to hours worked past 12 in a single workday and to hours past 8 on the seventh consecutive day of work in one workweek. These double-time rules are set by Cal. Labor Code § 510 and have no equivalent under federal law.
Are salaried employees entitled to overtime in California?
Sometimes. A salary alone does not make an employee exempt. Exemption under Cal. Labor Code § 515 requires both exempt duties and a monthly salary of at least twice the state minimum wage for full-time work. A salaried employee whose real duties are non-exempt, or whose salary falls below that threshold, can be entitled to overtime.
Can an employer require overtime work?
Yes. California law does not cap the hours an adult employee can be required to work, and an employer can discipline an employee who refuses a scheduled shift. What the law requires is that the overtime hours be paid at the correct premium rate. Different rules apply to minors.
How is overtime figured on a bonus or commission?
Non-discretionary bonuses and commissions are part of the “regular rate” on which overtime is based, so the regular rate can exceed the base hourly wage. Overtime in a week that includes such pay is calculated on the higher figure. Discretionary bonuses and certain gifts are generally excluded from the regular rate.
Sources
- Cal. Labor Code § 510 (day’s work; daily overtime; double time; seventh day)
- Cal. Labor Code § 500 (workday and workweek definitions)
- Cal. Labor Code § 511 (alternative workweek schedules)
- Cal. Labor Code § 515 (white-collar exemptions)
- Cal. Labor Code § 1194 (recovery of unpaid overtime)
- 29 U.S.C. § 207 (Fair Labor Standards Act overtime)
- U.S. Department of Labor: Overtime Pay